Blundell v. Atchison, Topeka & Santa Fe Railway Co.

DORAN, J. After a trial by jury, plaintiff, aged 15 years at the time of the accident, was awarded a judgment for $8,500 and costs against the respondent railway company. Plaintiff now appeals from that judgment.

Plaintiff, the son of a Santa Fe employee, was working during the summer vacation, as an ice handler at the respondent’s railway ice house located at Needles. Plaintiff had been directed to operate a capstan or car puller, by which cars were pulled into position for icing. The capstan, or winch, turned clockwise and operated by taking three or [800]four loops around the spool with a rope attached to the car, holding the rope taut and then turning on the electric power. In this manner plaintiff was attempting to pull two cars at the time of the accident.

The record discloses that, while engaged in this operation, the rope sagged because the towed ears moved faster than the rope being pulled by the capstan. Plaintiff held up the rope so that it would not fall off the capstan spool; along came a knot in the rope, and in attempting to guide the knot and rope, the thumb of plaintiff’s left glove became caught, pulling him into the coils of rope winding around the capstan.

In consequence of the accident, plaintiff suffered lifetime disabling injuries. Throat and larynx injuries interfere with normal breathing and speaking, and there was medical evidence to the effect that plaintiff would never be able to perform heavy labor or exertive physical activities. The verdict of $8,500 is deemed inadequate by the appellant.

Plaintiff’s action was brought under the Federal Employer’s Liability Act, involving the comparative negligence rule rather than the usual common law negligence rules. The defendant railroad is charged with negligence in failing to provide adequate and proper supervision, and proper and safe equipment to be used in pulling the cars. Negligence is also charged “in providing a knotted rope which could not be surged or turned freely on the capstan”; in “failing to warn plaintiff regarding the use of said defective rope,” and in “otherwise failing to provide a reasonably safe place for plaintiff to work.” The defendant denied any negligence, alleging negligence by the plaintiff, and unavoidable accident.

Among other things, the evidence disclosed that in obtaining employment, plaintiff had falsely claimed to be 18 years of age, and that his parents had made a similar written statement as to the son’s age, consenting to the employment and waiving any claim for damages in case the son should be injured. There was also evidence that plaintiff had disobeyed instructions to stand away from the capstan, and was violating a rule against the wearing of gloves.